1.1 In these conditions ‘BUYER’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
`GOODS’ means the goods (including any instalments of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
`SELLER’ means Gryphon IT Solutions Ltd whose registered office is at the address shown in the Contact Us Section of the main site.
`CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context a otherwise requires) including any special terms and conditions agreed in writing between the Buyer and the Seller
`CONTRACT’ means the contract for the purchase and sale of the Goods
`WRITING’ includes facsimile transmission, electronic mail and comparable means of communication.
1.2 Any reference in the Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
2. CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
2.1 The consumer is entitled to cancel the contract with the Supplier up to 7 business days from the date after receipt of the goods. The consumer is under a duty to restore goods to the supplier and in the mean time take reasonable care of them. The consumer must pay for the safe return of the goods to the Supplier, where the consumer does not return the goods then the consumer must pay the Supplier all reasonable charges to recover them.
The Supplier may deduct the cost of collecting the goods from any refund if the consumer fails to return the goods. The contract may only be cancelled in writing, either by fax or email, a telephone call is not enough.
Where a consumer exercises the right to cancel under the cooling off period, the goods should be returned or be available for collection with 5 days of the notice being given.
3. ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless payment has been taken by the Seller.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.3 Any order that has been accepted by the Seller may be cancelled before delivery or after delivery under the Distance Selling Regulations. Cancellations must be made in writing by fax, email, writing to our office.
Notification by phone is not sufficient.
3.4 Any amendments or cancellations to orders must be received in writing by either fax/email. If no written confirmation is received then no changes will be made to the order and goods will be delivered as per the order.
3.5 Orders placed before 4.00 pm on a business day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.
4. PRICE OF GOODS
4.1 The price of the goods shall be the sellers quoted price on the website. Buyers shall make an offer to purchase the goods from the Seller by placing an order on the website. This offer to purchase does not constitute the sellers acceptance to supply the goods at the price shown. The contract shall be made at the point where the Seller takes a payment from the Buyer in total. Where there are delays in taking payment the price of the goods can not be guaranteed. The Seller will notify the buyer within 48 hours if the offer to purchase is not accepted.
4.2 Except as other wise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for the transport, packaging and insurance.
5. TERMS OF PAYMENT
5.1 The Seller shall not be bound to deliver the Goods until the Buyer has paid for them. Payment shall be due before the Delivery date and time for payment shall be of the essence.
6. ACCEPTANCE OF THE GOODS
6.1 The Buyer is deemed to have accepted the Goods once a reasonable period of time has elapsed from date of delivery.
6.2 If the goods are thought to be defective after a reasonable period of time has elapsed then a replacement or repair may be offered if the goods are indeed found to be defective.
7.1 The Seller shall make delivery of the Goods to the Buyer as agreed by the Seller.
7.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date.
7.3 The Seller may elect to deliver the Goods on different days by different couriers. The Seller in the interests of convenience to the Buyer will keep these instances to a minimum.
7.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
7.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
7.4.2 sell the Goods at the best readily available obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7.5 The Goods shall be delivered to the Buyer at the Buyer’s address. The risk on the Goods shall pass to the Buyer upon such delivery taking place.
8. WARRANTIES AND LIABILITY
8.1 All goods purchased will be supplied with a 12 month guarantee. (Unless Otherwise Stated). In cases where the manufacturer has setup a direct warranty relationship with the End User then that procedure will be applied.
8.2 All Goods to be returned must first have the authorisation of the Seller. Failure to obtain such authorisation may result in the rejection of the return.
8.3 In the event that the manufacturer replacing or repairing the Goods and the Seller receiving these Goods back from the manufacturer, the Seller shall immediately despatch those Goods at his own cost to the Buyer.
8.4 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration of the Goods without the Seller’s approval.
8.5 Any claim by the Buyer which is based on any physical damage or defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 business days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection)within a reasonable time after discovery of the defect. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. * We urge our customers to sign for goods as “contents not checked” * if it is not possible to check the goods whilst in the presence of the delivery driver.
8.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods (or a proportionate price of the price), but the Seller shall have no further liability to the Buyer. Where a replacement unit is available a refund will only be offered within 30 days. Where a refund is requested the item(s) must be returned to the Seller within 30 days.
8.7 Any item(s) returned to Online Computer Store will only be accepted if a valid RMA number is clearly marked on the outside of the package. Any item(s) returned without a valid RMA number on the outside may be refused.
9.1 The Buyer hereby acknowledges and confirms that the Buyer shall keep confidential all information of a secret or confidential nature (except for that which is already in the public domain) in relation to the Seller or the Seller’s business which is disclosed to it or its advisors by the Seller or its advisors and will not without the Seller’s consent divulge such information.
10.1 The goods are at your risk from the time of delivery
10.2 Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to the Supplier from you on any account.
10.3 The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
11. TITLE FOR BUSINESS CUSTOMERS
11.1 If you are a business customer until ownership of the goods has passed to you, you must:
11.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
11.1.2 not destroy, damage, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier; and
11.1.3 hold the proceeds of the insurance referred to in condition
11.1.4 on trust for the Supplier and pay the proceeds of the insurance to the Supplier within 5 working days of receipt of the proceeds.
11.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
11.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
11.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
11.2.3 you encumber or in any way charge any of the goods.
12. LIMITATION OF LIABILITY
12.1 the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
12.2 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
13. DESCRIPTION OF THE GOODS
13.1 The description and price of the goods you order will be as shown on the Supplier’s website at the time you place your order.
13.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible.
14. PRICE OF THE GOODS
14.1 Every effort is made to ensure that prices shown on the Supplier’s website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled and you will be notified by email. If you cancel your order prior to dispatch, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
14.2 In addition to the price, you may be required to pay;
14.2.1 Delivery charges
14.2.2 Value Added Tax and any other taxes
15.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier’s website at the time you place your order.
15.2 Payment shall be due before the delivery date.
15.3 There will be no delivery until cleared funds are received.
15.4 Credit account invoices (unless otherwise agreed by the Supplier) shall be payable by the Customer within 30 days of the Supplier’s invoice. In the event of late payment the Supplier reserve the right to charge interest on overdue amounts at an interest rate of 3% above the current Barclays Bank Plc base Rate.
16. DATA PROTECTION
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
17. OUR RIGHT OF CANCELLATION
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
Gryphon IT Solutions Ltd may ask you for some personally identifiable information about you when you are at our sites, such as your name, telephone number or email address. We use this information to help maintain accurate accounts, provide the service you’ve requested, bill and ship correctly, answer your inquiries, and market services and products to you. Gryphon IT Solutions Ltd may also include information about your visit to our sites in aggregated data that does not identify you specifically, in order to help make our sites more useful to you.
Our server recognizes your domain name and the pages that you visit. This data is gathered in an aggregate manner for quality control and improvement of our sites.
When you send us email, we use your email address so we can respond to your inquiry.
We collect information that you volunteer to us on surveys and job applications, as well as contest and registration sites.
We also ask for your email address and/or telephone number to communicate with you in the future about your account and other Gryphon IT Solutions Ltd -affiliated products and services.
We use strong technology to ensure that your sensitive information is secure and protected from unauthorized access or improper use. For example, you will note that while using some features of the Gryphon IT Solutions Ltd websites and online services, you will need to submit a password or some other type of personally identifiable information.
19. WEEE POLICY
Waste Electrical and Electronic Equipment (WEEE) & Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directives.
The Waste Electrical and Electronic Equipment Directive (WEEE) is an EU initiative to protect the environment by reducing the amount of electrical equipment including PCs, servers, printers, laptops and other electrical products going into landfill sites.
The WEEE Directive is introduced on 1st July 2007 – WEEE Day. Gryphon IT Solutions Ltd will undertake their responsibility as a Distributor to dispose of these goods in line with European legislation.
Gryphon IT Solutions Ltd will work with our customers who request assistance with treatment, recovery, recycling and environmentally sound disposal of any IT products.
Please contact your Account Manager for further information or email firstname.lastname@example.org.
Where your equipment has no resale value we will arrange disposal adhering to Local and EU requirements and guidelines.
Recovery and disposal services include transportation, flexible logistics, equipment disposition, and detailed security and environmental reports all for an affordable price.
Business Customers (Non Household)
Disposal of item(s) is determined by the manufacturer of the specific product and falls under ‘Distributor Responsibility’.
Part of Gryphon IT’s obligation as a distributor is to offer a take back scheme and we have partnered with Eco Technology Limited to fulfill these obligations for Gryphon IT and the disposal of WEEE. All equipment retunrned to our office premises are handled this way.
You can find out more about the environmental aspects of products when they become waste, an explanation of the symbols and the location of your nearest recycling centre by visiting: www.recycle-more.co.uk
If you have any further enquiries regarding the WEEE Policy Statement please contact: email@example.com
The RoHS Directive
The RoHS Directive, also known as EU Directive 2002/95/EG, went into affect on July 1st, 2006 in Europe.
The RoHS directive mandates that electrical and electronic products put into the European market within EU states shall contain restrictive levels of the following substances:
Hexavalent Chromium (Cr6+)
Polybrominated Biphenyls (PBB)
Polybrominated Diphenyl Ethers (PBDE)
Gryphon IT Solutions Ltd is fully committed to comply with all applicable laws and regulations, including the RoHS Directive which restricts the use of certain hazardous materials in electrical and electronic products.
Company Details for Gryphon IT Solutions Ltd
Company No. 5155852
Telephone : 01554 700 377
Fax : 08444145117
Email : firstname.lastname@example.org
Main Web Site : www.gryphonit.com